How long do you have to be separated to get a divorce in Louisiana?

For a no-fault divorce in Louisiana, you must live separate and apart for 180 days if you have no minor children, or 365 days if you have minor children. This separation period can begin before or after the divorce petition is filed.

Is Louisiana a community property state for divorce?

Yes, Louisiana is a community property state. Assets and debts acquired during the marriage are generally considered community property and are divided equally between the spouses. Separate property, such as inheritances or pre-marital assets, is not subject to division.

How much does it cost to file for divorce in Louisiana?

Court filing fees in Louisiana typically range from $200 to $600, depending on the parish. Additional costs such as attorney fees, mediation, and process server charges can increase the total expense significantly, especially in contested cases.

Can I file for divorce in Louisiana if my spouse lives in another state?

Yes, as long as you are domiciled in Louisiana at the time you file the petition, you can file for divorce in the state. However, the court may have limited jurisdiction over your out-of-state spouse regarding property division and other matters.

What are the fault-based grounds for divorce in Louisiana?

Louisiana recognizes fault-based grounds including adultery, commission of a felony with a sentence of imprisonment at hard labor or death, and physical or sexual abuse of a spouse or child. Proving fault can eliminate the standard separation waiting period.

How is child custody decided in a Louisiana divorce?

Louisiana courts determine custody based on the best interest of the child. The court considers factors such as each parent's relationship with the child, moral fitness, stability, and willingness to foster the child's relationship with the other parent. Joint custody is generally preferred.

Can I get alimony in a Louisiana divorce?

Louisiana provides for both interim spousal support during the divorce proceedings and final periodic support after the divorce. To receive final support, you generally must show you were free from fault and lack sufficient means to support yourself.

What is the difference between an uncontested and contested divorce in Louisiana?

An uncontested divorce means both spouses agree on all major issues including property division, custody, and support, allowing for a faster and less expensive process. A contested divorce involves disputes on one or more issues and may require mediation, hearings, or a trial to resolve.

Divorce in Louisiana: A Complete Guide

Introduction

Filing for divorce is one of the most significant legal and emotional decisions a person can face. If you live in Louisiana, it is essential to understand the state's unique legal framework before beginning the process. Louisiana operates under a civil law tradition rooted in French and Spanish legal heritage, which sets it apart from every other state in the country. This distinction is especially evident in how the state handles property division, marital obligations, and the divorce process itself.

This guide provides a comprehensive overview of divorce in Louisiana, covering everything from the grounds for divorce and residency requirements to property division, child custody, spousal support, the filing process, and anticipated costs. Whether you are contemplating divorce or have already made the decision, this resource will help you understand what to expect at each stage.

Please note: This guide is for informational purposes only. Louisiana divorce law is nuanced, and every situation is different. You should consult with a qualified Louisiana family law attorney for advice specific to your circumstances.

Grounds for Divorce in Louisiana

Louisiana recognizes both no-fault and fault-based grounds for divorce, primarily governed by Louisiana Civil Code Article 103.

No-Fault Divorce

The most common path to divorce in Louisiana is the no-fault route. Under this approach, neither spouse needs to prove wrongdoing by the other. Instead, the couple must live separate and apart for a specified period of time:

180 days of continuous separation if there are no minor children of the marriage.
365 days of continuous separation if there are minor children of the marriage.

The separation period may begin before or after the divorce petition is filed. Many couples file first and then wait for the required period to elapse before the court grants the final divorce judgment. Living separate and apart generally means maintaining separate residences; simply sleeping in different rooms of the same home typically does not satisfy this requirement.

Fault-Based Divorce

Louisiana also permits divorce on fault-based grounds, which can shorten or eliminate the waiting period. Fault-based grounds recognized under Louisiana law include:

Adultery by the other spouse.
Commission of a felony and a sentence of imprisonment at hard labor or death.
Physical or sexual abuse of the spouse or a child of one of the spouses.

When fault-based grounds are proven, the court may grant an immediate divorce without the standard separation waiting period. However, proving fault requires presenting admissible evidence in court, which can increase the complexity, duration, and cost of the proceedings.

Residency Requirements

To file for divorce in Louisiana, at least one spouse must be domiciled in the state at the time the divorce petition is filed. Under Louisiana Code of Civil Procedure, domicile means more than simply being physically present in the state — it refers to the place where a person has established their permanent home with the intent to remain.

There is no specific minimum duration of residency required by statute before filing, but you must be able to demonstrate that Louisiana is your true domicile. The divorce petition is typically filed in the parish where either spouse is domiciled. If both spouses live in different parishes, the petitioner generally files in the parish of the other spouse's domicile, although filing in the petitioner's parish may also be permissible under certain circumstances.

Property Division

One of the most distinctive aspects of divorce in Louisiana is its approach to property division. Louisiana is a community property state, not an equitable distribution state. This means that assets and debts are divided according to a specific legal framework outlined in Louisiana Civil Code Articles 2325–2369.8.

Community Property vs. Separate Property

Community property includes most assets and debts acquired by either spouse during the marriage. This encompasses wages, retirement benefits earned during the marriage, real estate purchased with community funds, and most other acquisitions made between the date of marriage and the date of termination of the community regime.
Separate property includes assets owned by a spouse before the marriage, inheritances received by one spouse individually, gifts made to one spouse alone, and property acquired with separate funds, provided it can be properly traced.

How Division Works

In Louisiana, community property is generally divided equally — each spouse is entitled to a one-half share. This is different from equitable distribution states, where a judge divides property based on what is deemed fair, which may not be equal. However, spouses are free to negotiate their own property settlement agreement, and courts will typically honor agreements that are entered into voluntarily and with full disclosure.

The community property regime terminates upon the filing of a divorce petition or upon a judgment of separation of property, whichever occurs first. After termination, each spouse's earnings and acquisitions become their separate property.

Complicating Factors

Property division can become complicated when community and separate property have been commingled, when one spouse has contributed to the increase in value of the other's separate property, or when business interests or significant debts are involved. In these situations, forensic accountants and experienced attorneys can be invaluable.

Child Custody and Support

When minor children are involved, custody and support are often the most emotionally charged aspects of a Louisiana divorce.

Custody Standards

Louisiana courts make custody determinations based on the best interest of the child standard. Factors the court considers include:

The love, affection, and emotional ties between the child and each parent.
The capacity and willingness of each parent to provide for the child's needs.
The child's established living pattern (home, school, community).
The mental and physical health of each parent.
The moral fitness of each parent.
The willingness of each parent to facilitate a close and continuing relationship between the child and the other parent.
The distance between the parents' residences.
The reasonable preference of the child, if the court considers the child to be of sufficient age and maturity.

Louisiana recognizes both sole custody and joint custody arrangements. Joint custody is generally preferred and is presumed to be in the best interest of the child, unless there is evidence to the contrary, such as a history of domestic violence or abuse.

Child Support

Child support in Louisiana is calculated using statutory guidelines based on the combined adjusted gross income of both parents, the number of children, and certain allowable deductions such as health insurance premiums and extraordinary expenses. The court uses these guidelines to determine each parent's proportionate share of the child support obligation.

Spousal Support (Alimony)

Louisiana recognizes two forms of spousal support:

Interim Spousal Support

Interim spousal support may be awarded to a spouse during the divorce proceedings, from the time the petition is filed until a final judgment of divorce is rendered. The purpose is to maintain the requesting spouse's standard of living during the pendency of the case. The amount is based on the needs of the requesting spouse, the ability of the other spouse to pay, and the standard of living during the marriage.

Final Periodic Support

After the divorce is finalized, a spouse may be awarded final periodic support if they demonstrate that they are free from fault in the dissolution of the marriage and that they lack sufficient means for their support. The court considers factors including:

The income and assets of each spouse.
The earning capacity and education of each spouse.
The duration of the marriage.
The age and health of each spouse.
The effect of child custody obligations on earning capacity.
The time necessary for the requesting spouse to acquire education or training.

Final periodic support is typically limited in duration and may be modified or terminated upon a change in circumstances, the remarriage of the recipient spouse, or proof that the recipient has cohabited with another person in the manner of married persons.

Filing Process

Here is a general overview of the steps involved in filing for divorce in Louisiana:

Step 1: Prepare and File the Petition

The process begins when one spouse (the petitioner) files a Petition for Divorce with the clerk of court in the appropriate parish. The petition outlines the grounds for divorce and may include requests related to custody, support, and property.

Step 2: Serve the Other Spouse

The other spouse (the respondent) must be formally served with a copy of the petition. Service can be accomplished through the sheriff's office, a private process server, or by the respondent signing a Waiver of Service acknowledging receipt.

Step 3: Response

The respondent has a set period (typically 15 to 21 days, depending on the method of service) to file a response. If the respondent does not respond, the petitioner may be able to obtain a default judgment.

Step 4: Waiting Period

For no-fault divorces, the spouses must live separate and apart for the required period — 180 days without minor children or 365 days with minor children. This period can run before or after the petition is filed.

Step 5: Rule to Show Cause or Confirmation Hearing

Once the separation period has elapsed, the petitioner files a Rule to Show Cause or motion requesting that the court grant the final divorce. A brief court hearing may be required, during which the petitioner confirms that the statutory requirements have been met.

Step 6: Judgment of Divorce

If the court is satisfied that all legal requirements have been fulfilled, it will issue a Judgment of Divorce, officially dissolving the marriage.

Uncontested vs. Contested Divorce

If both spouses agree on all major issues — property division, custody, support — the divorce is considered uncontested and may proceed relatively quickly and inexpensively. If there are disputes, the divorce is contested, and additional hearings, discovery, mediation, or even a trial may be necessary.

Timeline and Costs

Timeline

The overall timeline for a Louisiana divorce varies significantly:

Uncontested, no minor children: As little as 6–7 months (accounting for the 180-day separation period and court scheduling).
Uncontested, with minor children: Approximately 12–14 months (accounting for the 365-day separation period).
Contested divorces: Can take significantly longer — sometimes 18 months to several years — depending on the complexity of the issues and the court's docket.

Costs

Filing fees: Typically range from $200 to $600, depending on the parish. These fees are subject to change, so verify the current amount with your local parish clerk of court.
Attorney fees: Vary widely based on whether the divorce is contested or uncontested, the complexity of the issues, and the attorney's experience and billing rate. A simple uncontested divorce may cost as little as $1,000–$2,500 in attorney fees, while a contested divorce with significant property or custody disputes can cost $10,000 or more.
Additional costs: May include mediation fees, fees for expert witnesses such as custody evaluators or forensic accountants, process server fees, and court reporter costs.

Legal Disclaimer

This guide is intended for general informational purposes only and does not constitute legal advice. Divorce laws and procedures are subject to change, and the information presented here may not reflect the most current legal developments. Every divorce case involves unique facts and circumstances. You should consult with a licensed Louisiana family law attorney to obtain advice tailored to your specific situation. No attorney-client relationship is created by reading this guide.